Anti-Discrimination Act 1998

A person may discriminate against another person on the ground of gender – in a religious institution, if it is required by the doctrines of the religion of the institution; or in education, if it is for the purpose of enrolment in one-gender schools or hostels; or in employment, if it is for the purpose of the residential care of persons under the age of 18 years; or in employment, if it is based on a genuine occupational qualification or requirement in relation to a particular position; or in accommodation, if it is shared accommodation for less than 5 adult persons; or in the provision or use of facilities, if those facilities are reasonably required for use by persons of one gender only.

A person may discriminate against another person on the ground of gender in respect of the use of any benefit provided by a club if – it is not practicable for the benefit to be used simultaneously or to the same extent by both men and women; and the benefit is provided – for the use of men and women separately from each other; or to men and women in a fair and reasonable proportion.

A person may discriminate against another person on the ground of gender in respect of membership of a club if the membership of the club is available only to persons of one gender.